1. This appeal tarns upon a rule founded on policy which wehave no desire to relax. It is that when a landlord dispossesses a tenant fromhis holding or a part of his holding, rent is suspended so long as the evictionexists. It is not necessary that the landlord should with his own baudphysically turn out the tenant; it is enough if he is a person of whom it canfairly be said that he dispossessed the tenant. That has been found in thiscase, and we see no reason to interfere with that finding.
2. We must, therefore, dismiss the appeal with costs.
.
Godai Molla vs.Aminuddi Howladar (04.06.1913 - CALHC)
Godai Molla v. Aminuddi Howladar
Godai Molla v. Aminuddi Howladar
(High Court Of Judicature At Calcutta)
Letters Patent Appeal No. 97 of 1911 | 04-06-1913
Advocate List
For Petitioner
- Babu Debendra Nath Ghose
For Respondent
- Babu Joges Chandra Roy
Bench
- Sir L.H. Jenkins Kt., C.J.
- Sir Asutosh Mookerjee Kt., J.
Eq Citations
- 21 IND. CAS. 957
- LQ/CalHC/1913/320
Head Note
Tenancy — Rent suspension — Landlord's dispossession of tenant — Applicability of rule that rent is suspended so long as eviction exists — Held, it is not necessary that landlord should with his own hands physically turn out the tenant; it is enough if he is a person of whom it can fairly be said that he dispossessed the tenant — Transfer of Property Act, 1882, Ss. 106, 107
